University of Wale v London College of Business Ltd [2016] EWCA Civ 251 (04 February 2016)

University of Wale v London College of Business Ltd [2016] EWCA Civ 251 (04 February 2016)

There was no clear and unambiguous statement by the University waiving its contractual rights; the sums were due at the relevant time; the University was entitled to terminate under the contract.

Citation
[2016] EWCA Civ 251
Parties
Respondent/claimant: University of Wales; Appellant/defendant: London College of Business Ltd
Jurisdiction
England and Wales
Judgment Date
04 February 2016
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Contractual Termination, Waiver of Rights, Non Payment of Invoices
Contract Law Contractual Termination Waiver of Rights Non Payment of Invoices

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Parties

University of Wales

Respondent/claimant

London College of Business Ltd

Appellant/defendant

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether sums were due from the College to the University at the relevant time
  2. 2 Whether the University waived its right to terminate the contract for non-payment

Ratio Decidendi

There was no clear and unambiguous statement by the University waiving its contractual rights; the sums were due at the relevant time; the University was entitled to terminate under the contract.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused